and made no statements in his defense. he said he wanted to die, and now it appears he will get his wish, and the ships are ready and if the president gives the order, we are ready to attack syria. i'm trace gallagher inr for shepard smith. neil cavuto, your world, right now. >> we will be able to speed up that day when all of god's children, black men and white men, jews and gentiles, broughtl will be able to sing in the old negro spiritual, free at last, free at last, thank god almighty, we're free at last. >> that was then, this is now. >> as we mark this anniversary, we must remind ourselves that the measure of progress for those who marched 50 years ago was not merely how many blacks had joined the ranks of millionaires. it was whether this country would admit all people who were

willing to work hard regardless of race into the ranks of the middle class life. >> welcome, everybody. i'm neil cavuto. in 1963 martin luther king wasn't just fighting for racial equality, he was actually fighting for jobs and economic justice. think about it. he died that way. a theme this president is continuing today. to hear america's first african-american governor tell it, we have certainly come a long way, and we have a long way to go. as martin luther king paved the way for an african-american president, this man i guess sort of hit the skids. virginia's former democratic governor with us. governor, it's a real pleasure to have you. >> neil, good to be with you. >> you talk about this sort of weird juxtaposition between looking at the advancement and improvement we've made on things like racial equality, but not when it comes to just economic

quality and the president himself mentioned it and said this is something party and generations have done. what is it that we can't budge? first of all, king's dream was based on the opportunity made available for people to live the american dream. consequently, the key at that time for all persons involved with the civil rights leadership was education. he felt if you could unlock the door, it would open other doors to advancement. unfortunately in today's economy, we find too many unemployed african-americans. we find too many instances and too many kids dropping out of school. we find too much violence in the communities. we find less parental involvement and we find communities throwing up their hands in di despair too many tis rather than saying we're not going to tolerate this, we're

going to knuckle down, buckle down, and understand that we don't need to look back 50 years. we need to look for the day, the moment, and the now to understand what we can do in our own communities involving everybody to move our youngsters ahead so that i they can participate as king had dreamed. >> you know, governor, as you're saying that, i'm hearing the president's remarks today on top of martin luther king's remarks, that we always had, and i think you have now, very good intentions. we put a good amount of money behind it. after the trillion spent on a war on poverty that was started a little more than a year after doctor king's remarks, we still have just as high a percentage of americans in poverty. so many americans still starving, and when one out of three of them gets some sort of food assistance. what happened? >> the unfortunately thing, neil, if you look to the federal government to provide the

leadership and all of the impetus necessary to move us forward, we lose the grassroots involvement of the people at the local level. all politics is local, and when you consider that education is at the local level, when you consider that the people who need to be a part of nurturing these youngsters, to let them see the value of education, one of dr. king's mentor, benjamin may, he said education is inturin sing because it -- intrinsic because it has value within itself. we've lost that communication to our youngsters. as long as we continue to lose that and make them believe that all they've got to do is wait and something is going to happen as so many people say, we need another dr. king, that is not the answer. king would never stand for what's going on today. he would say let's do our own thing.

let's do it together, and let's not wait. >> governor doug wilder, always a pleasure. thank you, sir. >> thank you, sir. always good. well, is the next civil rights battle actually going to be in classroom? the justice department speaking on the louisiana school voucher program allowing students to transfer out of publi failing pc schools and into private ones. the justice department says it will impact the racial balance in some district still under desegregation orders. louisiana governor bobby jindal said it's the doj that's discriminating. governor, very good to have you. >> neil, thank for having me today. >> talk about weird timing, right? this dust up right on martin luther king day. what do you think? >> you know, it's amazing to me. the department of justice, the obama administration are using the same rules designed to protect minority children to actually keep them trapped in failing public schools. we've got 8,000 kids in the scholarship program.

100% are low income. 100% came out of c, d, or f public schools. 93% of their parents are happier in the schools that they're in. 100% of their parents chose to put them in other schools. we're saving taxpayers money, delivering a better education, and the governor is right. the speech was amazing 50 years ago, that we should be judged by the content of our character, not the color of our skin. he's exactly right. to achieve that dream, we're trying to do that in louisiana. my parents came here over 40 years ago in search of the american dream, confident if you worked hard, it didn't matter what race you were or who you knew. that's what we're trying to deliver for our kids. that's why it's just ridiculous to me that the obama administration would side with teachers unions over these young children. >> do you think that was the case, that this was teachers unions winning out and they didn't like this for fear of where it would go and it might endanger their jobs? >> oh, absolutely. look. they tried to take us all the way up to the state supreme court to stop this program.

the teachers unions did. the program is still here. they tried recalling our speaker of the house and me and some others. we're still here. the reality is when teachers unions when we started this state wide said parents don't have a clue when making choices for their kids. that's their world viewpoint. the government unions think the bureaucrats know better. it will break your heart. they're working mowlt jobs, trying to do the right thing. they're telling me this is the first time my kid is bringing home homework, my kid goes to school with discipline. my kids talk about for the first time going to college, the first one to graduate from high school in the family. that's exactly what we want to happen. these are moms wanting their sons and daughters to live the american dream, and you've got the obama administration playing politics. to me, it's ridiculous. you're taking the same rules designed to protect the most vulnerable kids and saying they're going to trap kids in failing schools. they're coming from c, d, or f schools. an f school means up to half the kids are at grade level. half or more are below grade

level. no kid should be forced to go to those schools. look. you know, eric holder is not sending his kids to those schools and neither i is the president. let's give the kids a chance. >> governor, maybe what the administration is saying we favor another approach, something that your republican gubernatorial colum colleague cs christie is doing in new jersey and that's an extension of this pay for performance. it staed as a national education department initiative and kristi put his own measures behind it where if you each in a bad area, you're getting good results or good test scores with those kids, you get a bonus up to a $12,500 bonus depending on the scores, depending on the graduation rate, etc. that's the way they're going, not the charter school route. what do you think? >> well, you know, the reality is we've got 40,000 kids in charter schools. they didn't challenge that. they challenged the scholarship program. we changed our tenure and hiring and firing policies linking all the student achievement.

the same judge tried to stop us from doing the tenure reforms in a parish with desegment orders. fortunately we went to an pellet court and we temporarily won there. we'll have a full hearing in the appellate court. it shouldn't be about the race of the kid or politics or teacher unions. it should be about student achievement. there's two visions here. one is that you give every child a chance to work hard, get a great education, pursue the american dream. then you've got the president's view which is all about redistribution. it's about equal outcomes, and not qiewl opportunity. that's what is despicable. martin luther king said every child should have an opportunity to pursue the dream. my dad is one of nine, got past the fifth grade. i wouldn't be here today without him. that starts with a great education. that's what makes this so pernicious. all these kids want is a great education. who are they heart yo hurting? they're saving taxpayers money,

they're doing great in school. the program is successful. last we're we had 10,000 kids apply. we were able to place 5,000 of them. this year it was 12,000 kids applied and we played a lo 8,00. there's huge demand. patients juan guevar want out oe failing schools. the only ones way are politicianses listening to the unions. the government needs to stand down. >> i mentioned before governor chris christie. if you'll endulling me indulge . he made a swipe at you. i'm not going to be one of these people who goes and calls the party stupid. we need to stop naval gazing. >> you said we don't want to be the party of stupid. do you think he was taking a swipe at you, and were you offended? >> look. i'm not offended. i'm trying to get chris reelected. i'm sorry. i'm head of the rga.

we're trying to help chris get reelected in new jersey. he's done a great job for the people of new jersey. i'm trying to help the governor of virginia. >> did you call him up after that and say hey, what gives? >> no, look. chris and i see each other all the time. i'll say this, two things. one, we absolutely have to be as a party we have to be smarter. we lost an election last year that i thought we could have won. i'm willing to speak the hard truths and say what we need to do. i don't think we need to become another democratic party or abandon our principles. i wrote an op ed ironically several weeks ago saying we've got to stop the nativ navel gaz. chris and i get along. >> you don't think he was talking about you there and taking a swipe at you there? it seems that way to me. >> look, i have no idea, and i really don't care about. what i care about is helping him win his reelection and helping ken win his election. in 2014 we have dozens of governors up. it's !mportant to me in the

republican party to stand for conservative principles. i'm going to speak the hard truths. when it's time to tell my party to do something different, we've got to be smarter, stop saying dumb things and fight for our principals. education is a choice. sticking with our principles. >> when i had ron paul on, he took a dim view of governor chris christie and he didn't like the way he and his son rand paul had gotten into the dust up over who is a real republican and what really matters, and i'm getting a sense, governor, that on issues like surveillance, on issues like the intruciveness of government, there are the main streamers in the party and those who just say hands off, even extending now to whether we go into syria or not. this is the real battle going on for the soul of the party. >> well, let's talk about the issue, the dust up between the two of them about surveillance. there's a healthy tension in the republican party. there's a good thing we've got libertarian tendencies within our party. >> which tendencies do you have,

more of the rand paul or the chris christie cool it because it keeps us safe. >> no, no. look. we need to keep ourselves safe but we need to protect ourselves from intrusive government. i think the water's edge is important. look. i don't mind us using surveillance and drones, killing terrorists abroad. i do have grave concerns about the governor using some of those same tactics here at home, but we need to have those debates with this administration. look at all these scandals, irs, benghazi. this is a result of overly large, intrusive government. because of the obama administration, we want to limit government. the founding facts wanted a limited government. let's not give up our security, but we can have our freedom as well. >> governor bobby jindal, thank you very much. before we even launch missiles over there, is the retaliation already here? that's right for you, including the lexus es and ct hybrids.

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>> reporter: right now the pentagon is in a watch and wait mode. defense secretary chuck hagel will return from asia late friday. he spoke with his german counterpart by telephone today. u.s. navy warships are standing by. the president has been presented a range of options by the pentagon. u.s. navy destroyers and submarines are ready, but the timing of any strike now reftsz with the diplomats -- rests with the diplomats and the white house. >> we believe that it's too late for the un inspection to be credible given the mass shelling that the regime has done in the affected areas, and we're going to make our own decisions on our own time lines about our response. obviously we will continue consultations with our international partners around the world, but we are making decisions based on our own time line. >> reporter: the white house does not believe it will achieve a un security council resolution. the administration also does not believe it will get the full

support of nato. right now it looks like the british, french, turnish, and australians have agreed to join the u.s. in a military strike. un inspectors have permission to stay in syria until sunday unless they're pulled out before then. >> thank you very much, jennifer. is this something we really should be getting involved in here? former defense secretary donald rumsfeld isn't so sure because he doesn't see any clear vibes as what we're going to do. former texas congressman ron paul said absolutely not. this is a big mistake. they're both going to be my guests tonight. from chemical wa warfare to cyber warfare, internet users on high alert because syria's electronic army is right now on the prowl. the group, very sympathetic to syrian president assad, and wreaking all sorts of havocs. in a series of tweets believed to be posted by this group, they claimed responsibility forr hacking a handful of western media companies just yesterday

including the "new york times" and twitter. we're warned that this type of warfare is especially dangerous and now it's getting to be especially common, huh? >> oh, it is probably the greatest threat to our national security now. cyber warfare will attack our markets, our infrastructure, our government. those are the biggest threats to our security right now as we see it. in fact, bloomberg just reported august 7th that we're looking at 53% of the exchanges already experiencing attacks. so we are in a very risky environment. >> i'm sorry. are those from this group? >> not in particular from this group, but considering that this group is making a statement, we have to wonder if they're basically saying you attack our government, we will get worse, and because they can do such egregious cyber attacks, what will they hit next? that's our biggest fear. >> jessie, i always look at these kind of attacks where they up the ante and gone after newspaper on line sites and

whether it was this group or others that got into amazon sites and temporarily shut it down, even the nasdaq site and shut it down for three hours plus, these are sort of warm up events for something more. am i just being too, you know, paranoid? >> no, you're not paranoid at all. cyber security is probably the greatest threat, as i said, and what's happened is that this organization does support the assad government. they went after media sites to ensure that their message is getting heard. we have to take a step back and look at with cyber security, when we have our markets and our exchanges so vulnerable, many of our investors are now hesitating, wondering are we looking at the oil plants out there in the middle east getting attacked next? if they can get into our infrastructure such as our electrical grids, our water ways, we're looking at blackouts. we'rer looking at planes disrupting. we're looking at not even being able to take the railways to work if electricity is out. >> and they have that technical

ability because they keep doing it. >> yep. >> jesse jane duff, thank you very much. >> thank you. well, they called it m lk care, and to hear the president say martin would have liked obama care. really, did anyone check with martin on that? we believe it can be the most valuable real estate on earth. ♪ that's why we designed the subaru forester from the back seat forward. the intelligently designed, responsibly built, completely restyled subaru forester. love. it's what makes a subaru, a subaru.

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>> you've heard this once or twice, but if martin luther king, jr. were alive today, boom, boom, boom, here's the latest, boom, boom, boom. would he be singing obama care's praises? president obama thinks so. when asked, the president said oh, he would like that because i think he understood that health care, health security is not a privilege. it's something that in a country as wealthy as ours everybody shoulshould have access to. democrat turned republican

elbert guillory has a very different take on that. what do you make of that? do you think martin luther king would embrace this? >> good afternoon. i think that to wrap obama care around martin luther king is a cheap hijacking of martin luther king's image and a slap in the face to every american. >> why? >> martin luther king stood for three things, the pillars of american dream, for education, for jobs, and for justice. to now take his image on this special, special anniversary and try to use for some petty partisan gain his image is just despicable. it's aapproaches. >> you know, i was trying to give the benefit of the doubt, senator, to what he meant by that. i'm sure martin luther king would embrace the idea of providing health care for everyone. i don't know if he would embrace the idea of up ending our entire health care system to do it, but having said that, what do you think stepping back from all this, this constant i quoting ts

is what king would have liked. this is what m lk would have done, this is what he would have embraced? you know, sadly, he's dead. we don't know. yet his name is attached to causes and still more government spending even by a variety of preachers and group organizers today saying just that. how do we know? >> i think they should put up or shut up. if they believe in what king said and what king stood for, then they, too, should do, should behave in that way instead of trying to rip little black kids out of schools in louisiana and private schools into which vouchers have put them, instead of spending all of america's treasury in foreign lands and exporting the jobs therefore to those foreign lands while americans go unemployed. instead of doing those things, i mean, stand up. stand up for jobs and for justice and for education.

they're doing exactly the opposite. that's a disgrace to martin luther king's memory. >> one of the things you're trying to do to clarify that memory and what he stood for is free at last, but it's a political action committee that espouses what you and your supporters believe is theon going message of dr. king. what is that? >> yes. we are trying to get the message out. the message of real freedom in america, the message that the government is only a big plantation, and that americans should break away from that plantation and live the american dream. live the jobs and education and justice dream that martin king had. join us at the freeatlastpac.com. we're trying to get the word out. we're working with a young lady in utah right now. we have a special project coming up. we've identified -- one of the things that we do is to identify

and recruit persons who could represent the minority community better than those who are already representing us now. >> but you and i -- >> there's a young lady in illinois. >> go ahead. i'm sorry. >> there's a young lady in illinois that we're working with, so we're moving around the country, getting the message out and doing the recruiting. we're living the dream and not talking about it. >> why is it that the -- and you and i chatted about this before, senator. as a mono lithic block, youuld e m onolithic than the black vote. democrats have succeeded in convincing minorities that republicans don't care and they say that by showing republicans opposition to government programs that i guess equilt with that care. how do republicans counter that?

>> one of the things is to do what louisiana governor bobby jindal has said, and that's to be more wise in our choice of words, keep our toes out of our mouths. this foot in mouth business that we've done too often has hurt us. >> like what. >> the 47% comment mr. romney made, very unfortunate. it hurts. it hurt in many areas including people who had worked for many years and were retired and receiving government -- receiving pension checks. they felt unfairly tarred by that brush. >> right. >> that's what we have to get away from, and we have to show people that we do care. we have to go out into communities and let them see they need to see black republicans bringing the message, and they need to see white republicans standing beside us, delivering that same message so they know that we

speak with one voice as a part. >> but you'll always be portrayed as an uncle tom in the main stream media. how do you break through? >> i don't pay any attention to those slurs and threats and bad words that they use, but i try to get the message out. if i can speak to my brothers and sisters and if i can get their ears, then i can touch their hearts, and they will understand. all we have to do is look around. what is being done for us is not working. look around at our education system, where our kids are dropping out at rates of 65%. look around at the failing schools, most of which are in our neighborhood. look around at jobs which we do not have. unemployment is rampant in our community. since that is not working for us, all we have to do is look around and see there is a better way. there's another way. >> senator guillory, thank you very much. >> thank you.

neil, it's always a pleasure to be with you. >> same here. for those of you who say oh, it's bigoted to hear talk like that, i want you to ask yourself something. isn't it really more bigoted not to, you know? anyway. we're coming in because this guy broke the chemical weapons out. now, if that's the litmus test for intervening, what's to stop future despots from next time just shooting? ♪ we go, go, we don't have to go solo ♪ ♪ fire, fire, you can take me higher ♪ ♪ take me to the mountains, start a revolution ♪ ♪ hold my hand, we can make, we can make a contribution ♪ ♪ brand-new season, keep it in motion ♪ ♪ 'cause the rhyme is the reason ♪ ♪ break through, man, it doesn't matter who you're talking to ♪ [ male announcer ] completely redesigned for whatever you love to do. the all-new nissan versa note. your door to more. ♪ your door to more.

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100,000 people killed over two years in syria, but when a few hundred are killed, in an parent chemical attack, that's where we draw the line. it got me thinking. that happens sometimes. if chemical weapons had been used, say, in darfur, would the u.s. have intervened back then? my next guest said brutality is brutality. no matter how people are killed, they're killed, and they're still very much dead, no matter the means. the former cia operative wayne means is with us. that's the lit u litmus test the days. not saying it's good or bad. 100,000 were killed by other means other than chemical weapons, and we didn't react to that. what do you main make of that? >> yeah, neil. it's reprehensible. you and i both know as do most americans that dead is dead. i don't care whether it comes from an ak-47, a 6239 or an ah platform, an m -4, ied, bombs

from the air. it doesn't matter. what we know for a fact in my opinion is that this was a phony mark in the sand that was put forward by an administration that does not want to take a position and back the right group which we now know who that right group is. >> who is it. >> it's the f scht a beyonsa bey shadow of a doubt. i received a briefing by a general who came back again. he is doing the job of the agency, quite fangly, and that's unfortunately. we should not have to send over americans in humanitarian capacities to try to develop the intel to see that the fsa is actually our secretaryiat. if we could get the united states up on secretariat's back,

we could let the fsa win with the war. the united states must bomb two fassmentfacilities. one is to take out the air support. two, they must absolutely knock out the command and control center of the palace. if they do that, then the 100,000 we believe up to 100,000 fsa troops supported by general riyadh and eighth of the most powerful generals can go in and end this chaos. >> back to what is bringing us to this point, and that is again those chemical weapons, and that is again the images of these women and children and other innocents who were cleared gassed and essentially choked to death. >> now, those are heinous images to see. >> bodies tied up along the street by the hundreds. i'm often reminded, wayne, and you and i have gotten into this before as well, of serbia, of ra

rawanda, whether they were machine gunned or macheted or nighted, in some cases, whole villages beaten to death. that's a lot of people. a lot of horrific images, and i'm thinking they're all corpses. they're all victims. they're all innocents, but we've drawn the line at chemical weapons which mitre or might not be good. i'm not here to judge that, but what is the magic of the means by which they were killed when many are killed? >> well, neil, as you pointed out, you and i have had this discussion many times in the past. it is as an enigmatic and mysterious line in the sand, and it appears to me those in darfur, as you pointed out, were similaritied. we still have the christians being slaughtered today in africa on a daily basis by the

muslim extremists and by those trying to take over in african-americaafricaand certaie east. there is no magic. it's a political decision. there is no wand. again, it's a political decision. we need leadership in the white house. we do not have it. we have not had it for five years. love president bushr or hate president bush, president bush made a decision. he made decisions based on the best available intel. the general and others in his group have provided that intelligence to the obama white house. they refused to listen. i can tell you unequivocally. we cannot, cannot, absolutely cannot just arbitrarily arm this enigmatic group called rebels. we have to understand that the fsa right now is secretariat. if you do not back them and let them clean this up for their

people, and it will not cost yos one american life, we are in trouble. >> we shall see, wayne. we know what's getting us in there. how we get out is anyone's guess. thank you, my friend. >> always a pleasure. these days, what does all of this prove? if assad ain't going, guess what keeps soaring. on the news you're not hearing if bashar ain't budging. thai guess that prices at the pp go up, up, up, right? >> he's basically stirring the pot here in the middle east where he's got an all-out civil war going against his people. this is too close in proximity to the suez canal and could potentially disrupt up to 10% of the world's oil supplies. gasoline goes up at the pump. it will affect a lot of american pocketbooks. but oil is at 110 a barrel right now. once it goes to unwith 14 to about 148, anywhere in that range, we see severe stock market corrections, you know,

10% all the way down to 50%. >> normally -- >> we have seen economic slowdowns. >> that depends how long it lasts. the history of a lot of these sort of middle east blowups is ahead of our, you know, saber realityinrattling and actually , prices run up. once we're in and it looks good for us, the i'm being a little s here, prices go down. if it gets hectic, prices go up. what do you envision. >> keep in mind, oil prices have been climbing since april of this year and have been steadily improving in the global economy thus far. that's what can take out the global economy, too, if oil rises to that range. you can see the recession hit again, jobless rates spike up. that hits america right where it hurts the most also. >> shaun, thank you very much. we'll see how this pans out.

anotr factor i left out of there is what if the iraqis just stop producing oil or the iranians in a sympathy strike on production? you can have the same effect. meanwhile, ahead of the walkout, why charles payne said if workers win this fight tomorrow, we are all fried.

test. test.

fired up and ready to walk. fast food workers planning another way to protest in dozens of cities tomorrow. they're demanding a $15 minimum wage and the right to unionize. charles payne said that would serve up one super size problem in the economies. >> well, first of all, for the workers, you know, i hate springing this on them. it's a low wage job, it's a low skill job. they could be replaceable. the same people are saying i'm not making enough money to feed my kids, it's certainly tougher

if you're making zero. i don't begrudge anyone trying to make extra money. they're essentially trying to say their salary should be doubled from where they are. this has been eck code all day long with the theme of the march on washington. somehow corporations owe a debt to people who work for them, so if susan has two kids, she gets x amount of income. then she has another child, and then the corporation should pay more money specifically because they owe her a debt and she had another kid, sort of their responsibility of the welfare state that's been a burden on america is now being thrutsed or attempted to be thrusted. >> i that was clearly the messa. >> i think a lot of things that the president said today to me, it was sort of a disappointing speech in the sense that he took -- he just stripped out a few things from the martin luther king dream speech and layered on

the populous anti-business speech that he's been giving in front of colleges and high school students all summer long. >> you didn't like it. >> i debit like it at all. >> you're an african-american, you're looking at this. this is a big day. you mentioned to me earlier that you and your kids, m lk day, it's a federal holiday day now. it's a time where you don't go out shopping, but i always wonder what martin luther king would think of that. you can buy tvs at a discount on this day. what do you tell them? what does the day mean to you. >> when you listen to the speeches every day, every king day and we read them out loud. everyone takes turns and we read them out loud, typically three or four of them. every single time we do it, i weep, i cry every single time. i watched malcolm x with my son for the first time a week ago and i cried like a baby at the end of the movie. i understand the struggle. i think the struggle has been hijacked, unfortunately, for political ideology that i quite frankly don't think martin luther king was talking about. >> you don't think he would have been supportive, as the president said, he would have been a big supporter of my

health care plan and others arguing today, various speakers long before the president came to the stand, government initiatives to help the poor and everything else, the trillions we spend. >> i think what martin luther king was talking about was this lonely island of poverty in a vast ocean of material prosperity. that's what he talked about. that's the line from the speech. he didn't talk about a broad middle class, you know. he used the word mobility in the speech. you don't want mobility from a small ghetto to a large ghetto. president obama is talking about a oo utopia where we all live happily ever half. martin luther king told me i could be anything. if someone opens the door for me, run in the door. i'll tell you right now, when you talk about the content of character, it puts as much pressure on the individual as it does on society. >> i didn't hear that out of the

president. >> no, you didn't. you heard society specifically, greedy individuals and business is holding everyone back. i don't believe it. >> powerful. charles payne, thank you very much. in the meantime, from workers, forget these mac attack. are these fast food guys inviting a courtroom attack? ♪ [ male announcer ] staying warmnd dry has never been our priority. our priority is, was and always will be

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is not the cavuto super bowl party. they're three items promoted by fast food chains. wendy's, pretzel bun burger.

mcdonald's, and burger king. it leads some to wonder if they could soon count lawsuits as well. in other words is this promoting heart attacks on a paper plate here? we have some guests here who say well, maybe. dominic says the restaurants are inviting people to sue, but attorney heather hanson says no one forces you to eat there or anywhere. heather, you say it is individual choice. >> it is individuals' choice. some states passed statutes, cheeseburger laws that say you can't sue if you become obese eating at a fast food restaurant. how are you proving it was mcdonald's, not the dunkin' donuts or the pop tarts. >> you have been following me around. >> just today. the causation is difficult or that it is not genetic. these types of lawsuits are just not going to succeed. >> what do you think? >> i think heather is right in

one sense, the individual lawsuits have failed. but there's still a possibility that the state attorneys general could get involved and class action suits. why, because of the public interest. center for the science for public interest, cspi has done a good job bringing awareness. >> but to call for lower calorie healthier fare, are they legal or do they give you options? >> they give you options. who are these innovations marketed at. often times younger people, children. >> that's one area where lawsuits succeeded, when they deceptively push, marketing is bad or there's fraud. for example, in 2007, trans fats, mcdonald's said they were pulling back on trans fats but were not. if you get obese because you ate

burgers, that's your choice. >> the 2007 lawsuit, getting them to scale back on trans fat, why are they doing this though? they're come up with this because they're getting fried by the competition. burger king, number three, wendy's number two. they should take a page out of chipotle's book, better, healthier, fresher food. >> isn't chipotle going back to the chemicals which i admired. they're now expanding saying there's limited supply of this stuff. having said that, here is one thing i worry about. i believe if you go in a restaurant and don't know ordering one of these pretzel burgers or, you know, french fry burger, i didn't know know you have the bun, you know you're not eating a salad. i can see the point, maybe kids are impressionable, see the ad, buy this, doesn't have to be

kids, everybody, but that's choice, right? >> absolutely. and they give you now nutritional information, under the law they have to provide nutritional information. the occasional french fry, burger is fine. it is everything in moderation. you have to choose how to raise your children as well. parents tried to file a class action lawsuit on behalf of their children in california. and that was thrown out. the judge said it is a parent's job. >> why are they giving more information? because they have been sued because of some of the legal actions. >> guys like you chasing them, eating the salads. >> find a way to get into this. they're trying with fast food. >> but slapping four fries on a burger patty, is this where it is at? >> where does the mcrib fit in. that's the greatest invention ever, ever! >> people die for that mcrib and may be dying for the french fry burger. >> they tease it, bring it back, take it away. >> at a certain point,

government is going to step in. >> all right. thank you, guys, very much. on a day like this, everyone is quoting martin luther king. what would he think. it is getting past the obvious. tonight we're looking at the message he sent then to what we're abusing, trying to capitalize on now. 8:00 p.m., fbn. along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. i knew that i could smoke for the first 7 days. i knew that i wasn't putting nicotine back into my body to try to quit. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, sp chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away

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hello, kimberly guilfoyle, welcome to "the five." it is a special day in american history. 50 years ago today, martin luther king junior delivered his legendary dream speech in washington. it was a battle cry for liberty and justice for all. it changed the course of our history. king would have been 84 years old had he lived to this day. he would have been able to witness the nation's first african-american president standing on those same steps he did in 1963. here is president obama commemorating dr. king's dream and his lasting legacy this afternoon. >> on a